Shofar FTP Archive File: orgs/american/aol/aol-ror

The America Online Service
Rules of the Road
1. General
A. These Rules of the Road ("Rules of the Road" or "ROR") set forth
how America Online, Inc. will operate the America Online brand
interactive service and how authorized subscribers may use AOL. These
ROR also explain many practical aspects of using AOL. Please read
this document carefully and refer to it as often as necessary. You
should also read and refer to the Terms of Service Agreement (the
"TOS). This document, and the TOS (which were available when you
first signed on), are all of the applicable AOL rules ("AOL Rules"),
and, as stated in Section 1 of the TOS, comprise the entire agreement
between you and AOL Inc. with respect to AOL. You can view the TOS or
this ROR on AOL at any time without hourly usage charges in the
"Member Services" area. Unless the context requires otherwise, terms
used in the ROR have the meanings given in the TOS.
B. We believe that our AOL Rules will enhance AOL Inc.s efforts to
make AOL informative, entertaining and, above all, FUN!! for all our
Members. We have tried to explain clearly our AOL Rules, but if any
aspect of the AOL Rules are unclear, we welcome your comments. We
hope that our AOL Rules will foster an online community where there is
both free exchange of ideas and information, and respect for
individual and community rights.
2. Accessing and Using AOL
A. Access.
(i) Equipment. Most Members will access AOL through a standard
residential telephone line, a modem, and a personal computer that you
are responsible for providing. (Please remember that when you are
connected to AOL, your telephone or other communications equipment,
e.g., fax, cannot be operated on the same line at the same time.)
There are a variety of personal computers that are capable of
accessing and using AOL. For specific technical questions, use the
keyword "TechLive." TechLive is currently open from 8 a.m. to 4 a.m.
(Eastern time) seven days a week. Access numbers used to connect to
AOL may be owned or operated by independent network service providers
other than AOL Inc. If you are accessing AOL from outside the
Continental United States you may be assessed communications
surcharges, the amount of which is available by accessing keyword
"Billing."
(ii) Telephone Charges. You are responsible for all telephone
charges incurred in connecting to AOL through an available access
number. Depending on your particular location, the nearest access
number is usually, but not always, a local telephone call. To find
additional or closer access numbers use keyword "Access." If you have
any questions about which telephone number is best or whether an
access number is a local call, please check with your telephone
service provider. Any disputes or problems regarding phone service
are strictly between Member and the applicable telephone and/or long
distance service provider.
If you cannot currently find an access number that is a local call,
check the "New Access Number Updates," which is updated monthly and
available in the Member Services area. (We are continuously expanding
the list of local numbers.) You can also call your long-distance
telephone company to see if a calling plan is available to allow you
to call a long-distance access number for a flat rate, or to purchase
blocks of calling time in advance at a discount. Members who do not
have access to a local number can also use "AOLnet 800 Number Access,"
an 800 number operated by AOL Inc., for a small surcharge rather than
pay expensive long distance phone bills.
(iii) AOL Software. Under Section 6 of TOS, AOL Inc. grants to you a
limited license to use the AOL Software to connect to AOL from
authorized locations. This license is subject to the restriction,
that except to the extent expressly permitted by law, you may not
translate, reverse engineer or reverse compile or decompile,
disassemble or make derivative works from AOL Software. You may not
modify AOL Software in any manner or form, or use it in any way which
is not expressly authorized in the AOL Rules, including without
limitation for the purpose of obtaining unauthorized access to AOL
(e.g., hacking). You agree to abide by the U.S. and other applicable
export control laws and not to transfer, by electronic transmission or
otherwise, any Content which is subject to restrictions under such
laws to a national or destination restricted under such laws without
first obtaining and then complying with any requisite government
authorization.
B. Your AOL Account.
(i) YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO REGISTER FOR
AOL AND OBTAIN A MEMBERS MASTER ACCOUNT; HOWEVER, A PARENT OR LEGAL
GUARDIAN MAY AUTHORIZE A MINOR TO USE HIS/HER MASTER ACCOUNT(S) UNDER
ADULT SUPERVISION. In cases where you have authorized another
individual, including a minor, to use your account, you recognize that
you are fully responsible for the online conduct of such user, and for
controlling the users access to and use of AOL, and for the
consequences of any misuse, and that the holder of the Members Master
Account(s) is entirely responsible for activities conducted through
those accounts (see Section 4c of the TOS). You acknowledge that some
areas of AOL may contain material that is inappropriate for minors.
AOL offers a "Parental Control" feature that enables the Master
Account holder to restrict access to certain areas and features on
AOL, but makes no warranties with respect to such feature. Please
refer to the Parental Control area in the Member Services area for an
explanation of this feature.
(ii) Upon your enrollment as a Member, you will select a unique
password. You are responsible for maintaining the confidentiality of
your password and are liable for any harm resulting from disclosing or
allowing disclosure of any password or from use by any person of your
password to gain access to the Members Master Account(s) or any
Sub-Accounts. Therefore, for security purposes, we recommend that you
change your password often. (You can do this by entering the "Change
Your Personal Password" area in the Member Services area.) At no time
should a Member ever respond to an online request for a password.
Employees from AOL Inc. will never ask for a Members password online.
Although AOL offers a feature that allows you to bypass the password
protection, please remember that this feature permits anyone who has
access to your computer to easily access your Master Account and or
Sub-Accounts. Use of this password bypass feature is at Members own
risk. YOU ARE FULLY LIABLE FOR ALL CHARGES UNDER YOUR MASTER ACCOUNT
AND/OR SUB-ACCOUNTS, INCLUDING ANY UNAUTHORIZED CHARGES TO THOSE
ACCOUNTS.
(iii) Current rates for using AOL may be obtained by calling AOL Inc.s
Customer Service at 800-827-6364 or by selecting "Billing" under
"Member Services." (Members can also access this area directly by
using the keyword "Billing.") An explanation of AOL Inc.s billing
practices is provided under the category "Explain Billing Terms."
Such rates are expressed net of and Member shall pay in addition to
them, all sales, use, value-added, personal property or other
governmental tax or levy imposed on the goods or services billed to
his/her Master Account(s), other than taxes based on net income or
profits of AOL Inc. If the payment method for your Membership is by
credit card and payment is not received by AOL Inc. from the card
issuer or its agents, you agree to pay all amounts due upon demand by
AOL Inc. Each time you use AOL you agree and reaffirm that AOL Inc.
is authorized to charge your designated card or withdraw funds via
electronic funds transfer ("EFT") from your checking account, if
applicable. Your card issuers agreement governs your use of your
designated card in connection with AOL, and you must refer to such
agreement and not this Agreement with respect to your rights and
liabilities as a cardholder. You agree that AOL Inc. may, at its
option, accumulate charges incurred during your billing cycle and
submit them as one or more aggregate charges during or at the end of
each cycle for EFT from your checking account or credit card as
applicable, meaning that accumulated charges may appear on the
statement you receive from your bank or card issuer. Further, you
agree that AOL Inc. may delay obtaining authorization from your card
issuer until submission of the accumulated charges. You agree that if
you want to see the components of accumulated charges you may do so by
using Keyword "Billing." If AOL Inc. does not receive the full amount
of your AOL account balance within thirty (30) days of the invoice
date, an additional 1.5% (or the highest amount allowed by law,
whichever is lower) per month late charge will be added to your bill
and shall immediately become due and payable. Member shall also be
liable for all attorney and collection fees arising from AOL Inc.s
efforts to collect any unpaid balance of your Master Account(s). AOL
Inc. will provide you with an online statement of charges if requested
by using Keyword "Billing." Unless you notify AOL Inc. of any
discrepancies within 90 days after they first appear on your account
statement, they will be deemed acceptable by you for all purposes,
including resolution of inquiries made by your card issuer. You
release AOL Inc. from all liabilities and claim of loss resulting from
any error or discrepancy that is not reported to AOL Inc. within 90
days of its publication.
(iv) Upon your registration with AOL, you must choose one or more
screen names to identify yourself on AOL. AOL Inc. encourages you to
be creative and have fun with the screen names you choose, but you are
also expected to be reasonable and responsible; vulgar or otherwise
offensive screen names can offend the sensibilities of many Members,
and it is only common courtesy to remember this when you are selecting
screen names. You may not select or use a screen name of another
person (unless its also your name), or a name which violates a
trademark right, copyright, or any other proprietary right, or which
AOL Inc. deems in its discretion to be vulgar or otherwise offensive.
If you are unsure about a screen name, send us an email using the
"Write to Community Action Staff" button under keyword "TOS," and
select the "Names/Profiles Violations" button. Unfortunately, some
Members occasionally select vulgar or otherwise offensive screen names
as a joke, or just a momentary lapse of good judgment. AOL Inc.
reserves the right to delete any such screen name, or to request
deletion.
(v) Unless you have written authorization from AOL Inc., you may not
register for additional Master Accounts. Any delinquent or unpaid
accounts or accounts with unresolved issues with the Community Action
Department or other AOL departments must be concluded before you may
re-register with AOL Inc. Members using multiple accounts without
express permission from AOL Inc. shall be terminated.
(vi) Members whose accounts have been terminated by AOL Inc. may not
access AOL in any manner or for any reason without the express written
permission of AOL Inc. Active AOL Members may not knowingly allow
former Members who have been terminated to use their accounts.
C. Online Conduct.
(a) Any conduct by you that in AOL Inc.s discretion restricts or
inhibits any other Member from using or enjoying AOL will not be
permitted and may result in termination of Membership. You agree to
use AOL only for lawful purposes. You may not post or use AOL to:
(1) harass, threaten, embarrass or cause distress, unwanted attention
or discomfort upon another Member or user of AOL or other person or
entity,
(2) post or transmit sexually explicit images or other content which
is deemed by AOL Inc. to be offensive,
(3) transmit any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, hateful, racially, ethnically or
otherwise objectionable Content,
(4) cause the screen to "scroll" faster than other Members or users
are able to type to it or any action to a similar disruptive effect,
(5) impersonate any person, including but not limited to, an AOL Inc.
official or an information provider, forum leader, guide or host, or
communicate under a false name or a name that you are not entitled or
authorized to use,
(6) disrupt the normal flow of dialogue in a chat room or otherwise
act in a manner that negatively affects other Members, users,
individuals or entities,
(7) post or transmit chain letters or pyramid schemes,
(8) post or transmit any unsolicited advertising, promotional
materials, or other forms of solicitation to other Members,
individuals or entities, except in those areas (e.g., the classified
areas) that are designated for such a purpose,
(9) violate any operating rule, policy or guideline of any other
interactive service, including but not limited to the operating
policies of the International Areas, or
(10) intentionally or unintentionally violate any applicable local,
state, national or international law, including but not limited to any
regulations having the force of law.
(i) Offensive Communication. AOL is a community-oriented service
composed of many different communities of people. Our goal is to
provide an interesting, stimulating and fun place for all Members.
Using vulgar, abusive or hateful language undermines this goal and is
not allowed. Please use your best judgment and be respectful of other
Members. Remember, there may be children online. If you use vulgar,
or abusive language online, even if masked by symbols or other
characters, you may either receive an "on-screen-warning" by a Guide
or Room Host, or in some cases be terminated immediately. A warning
indicates that your language is not in compliance with the TOS or ROR.
Should you receive such a warning, take the time to read the AOL
Rules again, comprising the TOS and these ROR which you will find
posted in the Member Services area.
(ii) Harassment. When a Member targets another individual or entity
to cause distress, embarrassment, unwanted attention, or other
discomfort, this is harassment. AOL Inc. does not condone harassment
in any form and may suspend or terminate the accounts of any Member
who harasses others. You may have a disagreement with someone's point
of view -- we encourage lively discussion in our chat rooms and
message boards -- but personal attacks, or attacks based on a persons
race, national origin, ethnicity, religion, gender, sexual
orientation, disablement or other such affiliation, are prohibited.
If you have a disagreement with someone's point of view, address the
subject, not the person.
(iii) Graphic Files. AOL Inc. prohibits the transfer or posting on
AOL of sexually explicit images or other content deemed offensive by
AOL Inc.
(iv) Scrolling. "Scrolling" means repeatedly causing the screen to
roll faster than Members are able to type to it. It is caused by a
user entering a set of random characters or by repeatedly entering a
carriage return or any such action to a similar disruptive effect.
Scrolling is an expressly prohibited form of disruption.
(v) Impersonation. This can involve the portrayal of another person
or entity, such as the impersonation of AOL Inc. staff or an
information provider, authorized Guide or Host, or communication under
a false name or a name that you are not authorized to use. Members
must avoid the portrayal of AOL Inc. personnel or others persons in
all forms of online communication, including, but not limited to,
screen names, member profiles, chat dialogue and message postings.
(vi) Room Disruption. This includes purposefully interfering with
the normal flow of dialogue in a chat room. Room disruption may occur
by repeatedly interrupting conversation between Members, or by acting
in such a way as to antagonize, harass or create hostility in a chat
room.
(vii) Chain Letters and Pyramid Schemes. Transmission of chain
letters and pyramid schemes of any kind is not allowed on AOL. This
material places an unnecessary load on our electronic mail ("email")
system and is considered a nuisance by many Members. Certain chain
letters and pyramid schemes are illegal. Letters or messages that
offer a product or service based on the structure of a chain letter
are also of questionable legality. At minimum, they are a waste of
resources and are not permitted on AOL.
(viii) Advertising, Solicitation and Name Harvesting. You may not
use AOL to send unsolicited advertising, promotional material, or
other forms of solicitation to other Members except in those specified
areas that are designated for such a purpose (e.g., the classified
area) unless you receive the express permission of the Member. You
may not use AOL to collect or "harvest" screen names of other Members
without the express prior permission of the Member. AOL Inc. reserves
the right to block or filter mass email solicitations on or through
AOL.
If you witness chat in a public chat room that violates the AOL Rules,
you may contact an AOL Service Guide by using the keyword "Guide
Pager." You may also contact AOL Inc.s Community Action Staff about
any violation by using the "Write to Community Action Staff" icon
located in the TOS area of the Members Services area.
(CONTINUED)
(rormay16)
Rules of the Road Continued....
D. Content.
You recognize that communication over AOL often occurs in real-time,
or is posted on one of AOLs thousands of message boards or libraries,
and AOL Inc. cannot, and does not intend to, screen communication in
advance. Moreover, because AOL Inc. encourages open and candid
communication, it cannot determine in advance the accuracy, or
conformance to the AOL Rules, of Content transmitted on AOL. AOL Inc.
is not responsible for screening, policing, editing, or monitoring
such Content. If notified of Content which is alleged not to conform
to the AOL Rules, AOL Inc. may investigate the allegation and
determine in good faith and in its sole discretion whether to remove
or request the removal of such Content from AOL. AOL Inc. shall have
no liability or responsibility to you in respect of its performance or
non-performance by AOL Inc. of such activities, as long as it has
acted in good faith.
Please use your best judgment in evaluating all information contained
or opinions expressed on AOL. You should be no less careful in your
evaluation of such information and opinions on AOL as you are in
everyday life. It is AOL Inc.s policy not to endorse, oppose, or edit
any opinion expressed by a Member or information or material provided
by an ICP or other independent party.
All Content is protected by copyright pursuant to U.S., international
conventions, and other copyright laws as a collective work and/or
compilation, and AOL Inc. owns a copyright in the selection,
coordination, arrangement and enhancement of such Content. You may
not modify, publish, transmit, participate in the transfer or sale of,
reproduce (except as provided below), create derivative works from,
distribute, perform, display or in any way exploit, any of the
Content, in whole or in part; provided that if no specific
restrictions are applied directly or indirectly in relation to a
particular item of Content, you may make a reasonable number of copies
of such item, including copyright material, provided that the copies
are made and used only for your personal use and that you ensure that
any notices contained in the Content such as all copyright, trademark,
and other proprietary rights notices are reproduced in an unmodified
form in all such copies.
You may upload to AOLs software files and message boards or otherwise
transmit on or through AOL only Content that is not subject to any
copyright or other proprietary rights protection (collectively,
"Public Domain Content"), or Content in respect of which the holder of
any copyright, trademark or other proprietary rights ("Rights") has
given express authorization for distribution on AOL without any
restriction whatsoever, and in respect of which any moral rights of
any person or entity have been completely and irrevocably waived. Any
copyright Content submitted with the consent of a copyright owner
other than you should contain a phrase such as "Copyright owned by
[name of the owner]; Used by Permission." The unauthorized submission
of copyright or Content which is otherwise subject of any third party
Rights constitutes a breach of the AOL Rules and may also render you
liable to the holder of such rights. Remember you, not AOL Inc. or
its affiliates or independent contractors (such as Independent Content
Providers or "ICPs"), are exclusively responsible for any liability
resulting from infringement of Rights arising from such submission or
transmission.
By posting shareware or other software to AOLs file libraries, you
authorize AOL to distribute the software through its worldwide
network. You may provide for additional license terms and
restrictions in your upload, but AOL shall have no obligation
whatsoever with respect to enforcing such terms and conditions and
reserves the right to remove any software from its network, at its
sole discretion.
By submitting Content to any "Public Area" (Public Area(s) are those
areas of AOL that are generally accessible to other Members, such as
public chat rooms, message boards, and file uploads) you are deemed
automatically to grant -- and/or warrant that the holder of any Rights
or Moral Rights in such Content has completely and effectively waived
all such Moral Rights and expressly, validly and irrevocably granted
to you the right to grant -- AOL Inc. the royalty-free, perpetual,
irrevocable, non-exclusive right (including any moral rights) and
license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display the Content (in
whole or part) worldwide and/or to incorporate it in other works in
any form, media, or technology now known or hereafter developed for
the full term of any Rights that may exist in such Content. You also
permit any Member to access, view, store and reproduce the Content for
personal use. Subject to the foregoing, the owner of Content placed
on AOL retains any and all rights which may exist in such Content.
The export control laws of the United States and other jurisdictions
regulate the export and re-export of certain technology. This
includes the electronic transmission of certain information and
software to particular foreign countries and foreign nationals. You
agree to abide by these laws -- including but not limited to the
United States Export Administration Act, Arms Export Control Act and
their implementing regulations -- and not to transfer, by electronic
transmission or otherwise, any Content derived from AOL which is
governed by or regulated under such laws to a national or a
destination prohibited or restricted under such laws without first
obtaining any required governmental authorization. You further agree
not to upload to AOL any data or software that cannot be exported
without prior written government authorization, including, but not
limited to, certain types of encryption software. This assurance and
commitment shall survive termination of the Agreement. In addition,
because U.S. export control laws currently prohibit nationals of Cuba,
Iran, Libya, North Korea and Syria from gaining access to certain
Content on AOL, nationals of these countries currently may not legally
access AOL.
E. Internet Access and Conduct.
AOL provides you with access to the Internet. Generally, the Internet
consists of the following areas available through AOL: Email, News
Groups, Gopher and WAIS, FTP, and the World Wide Web (See the
"Internet Connection" area on AOL). You are connected to the Internet
via the World Wide Web ("Web") whenever there appears, on the right
hand corner of the screen display, the spinning AOL triangular logo.
The Internet is not owned, or operated by, or in any way affiliated
with, AOL Inc. or any of its affiliates; it is a separate, independent
network of computers and is not part of AOL. You use of the Internet
is solely at your own risk. When using the Internet and all of its
components, Members must conduct themselves responsibly according to
the Internets own particular code of conduct. Participating
successfully on the Internet is really a matter of common sense.
Although AOL Inc. does not control the Internet, your conduct on the
Internet when using your AOL account is subject to the AOL Rules.
Because AOL Inc. wants to be a good Internet citizen, it prohibits
Members from engaging in certain conduct on the Internet through or by
means of AOL including the following:
(i) Chain Letters. Chain letters are prohibited on AOL and are
inappropriate on the Internet. Posting a chain letter to an Internet
newsgroup (or via email on the Internet) may result in your AOL
account being terminated.
(ii) Commercial Communication. The vast majority of newsgroups and
mailing lists on the Internet are not commercial in nature and
participants in such groups may object strongly to commercial
postings, solicitations, or advertisements.
(iii) Other Inappropriate Posts. Each newsgroup and mailing list on
the Internet focuses on a particular set of topics and posts not
related to these topics are not welcomed by the participants. We
suggest that all Members become familiar with the guidelines, themes,
and culture of the specific newsgroups and mailing list in which they
wish to participate. Posting or distributing patently inappropriate
material on the Internet (i.e. spamming or mail bombing) may result in
suspension or termination of your AOL Master Account and Sub-Accounts.
(iv) Copyright and Proprietary Materials. Transmitting to the
Internet copyright or other material of any kind which is subject to
the Rights of any person or entity without the express permission of
the Rights holder is prohibited and will result in termination of your
Membership and possible civil and/or criminal liability.
(v) Use of Personal Publishing Tools. AOL Inc. provides Members with
personal publishing tools to enable Members to create personal
homepages (Keyword: Personal Publisher) and use of such publishing
tools will be subject to these ROR and TOS. AOL Inc. reserves the
right to suspend or terminate at its discretion Members AOL Master
Accounts and Sub-Accounts or to require the removal of links or other
content on or through Members homepages or personal Internet sites if
providing such content or links causes undue strain on any AOL server
either through excessive hits or by excessive bandwidth.
You understand that except for Content, products or services expressly
available at AOL Inc.s Web site, neither AOL Inc. nor any of its
affiliates controls, provides, operates or is responsible for any
Content, goods or services available on the Internet. All such
Content, goods and services are made accessible on the Internet by
independent third parties and are not part of AOL or controlled by AOL
Inc. AOL Inc. neither endorses nor is responsible for the accuracy or
reliability of such Content, goods or services. AOL Inc. does not
guarantee the accuracy, completeness, usefulness, quality or
availability of any Content, goods or services available on the
Internet, which are the sole responsibility of such independent third
parties, and your use thereof is solely at your own risk. Neither AOL
Inc. nor its affiliates shall be held responsible or liable, directly
or indirectly, for any loss or damage caused or alleged to have been
caused by your use of or reliance on any Content, goods or services
available on the Internet or a your inability to access the Internet
or any site on the Internet. The foregoing provisions of this
paragraph shall apply with equal force even where AOL features or
displays a link with any particular Web site.
You should be aware that the Internet contains Content, goods and
services that you may find obscene, improper, hurtful or otherwise
offensive and that may not be suitable for certain Members or for
minors who are accessing the Internet through a Sub-Account or Master
Account of yours. AOL Inc. does not have the capability or right to
monitor, or review, or restrict any Content, goods or services made
available by third parties on the Internet, nor to edit or remove any
such questionable Content after posting on the Internet. In addition,
you should be aware that the Internet provides access to users who are
not part of AOL and whose conduct and communication may also be found
to be harmful or offensive to Members or which would otherwise breach
the AOL Rules if they were subject to it. Since such users are not
Members of AOL, AOL Inc. does not have the right or capability to
restrict or review their conduct or communication. Accordingly, AOL
Inc. and its affiliates specifically disclaim any responsibility for
(and under no circumstances be liable for) any conduct, Content, goods
and services available on or through the Internet (including without
limitation any part of the Web). Although, AOL Inc. permits parents
to restrict access through AOL to certain material on the Internet
(See KEYWORD and hereinafter "PARENTAL CONTROL"), you acknowledge that
Parental Control features are imperfect and you use Parental Control
features at your sole risk. AOL Inc. does not give any warranty as to
the accuracy, completeness or usefulness of any Parental Control
feature or service.
You should be aware that much of the Content available on the Internet
is protected by copyright, trademarks, trade secrets and other Rights
of the independent third parties or their licensors who make such
Content available on the Internet. Members use of such Content will
be subject to the specific restrictions placed on such Content by the
owners or licensors of the Rights in such Content and all applicable
laws and regulations.
Your use of the Internet is subject to all applicable local, state,
national and international laws and regulations. Without limiting the
other rights available to AOL Inc. under the AOL Rules, AOL Inc.
retains the right, but not the obligation, in its sole discretion and
without prior notice or liability, to restrict and/or terminate your
access to the Internet and AOL if your use of the Internet violates
any such laws or regulations, any prohibitions upon your conduct in
connection with the Internet raised in this Section E or otherwise
restricts or inhibits any other user from enjoying the Internet or
AOL.
3. Purchasing Products and Services through AOL
Please remember that AOL Inc. does not endorse, warrant or guarantee
any product or service offered through AOL and will not be a party to
or in any way monitor any transaction between you and third-party
providers of products or services. As with the purchase of a product
or service through any medium or in any environment, you should use
your best judgment and exercise caution where appropriate. Blind
opportunity ads and "get rich quick" schemes should be approached with
ample skepticism. AOL Inc. cannot mediate disputes and cannot assume
responsibility for any outcome. Be careful, be smart, have fun!
4. Third Party Software and Services
In addition to content and services provided by Information Providers
and AOL Inc., other third parties may offer additional content,
software or other services to Members. Members may be subject to any
additional terms and conditions relating to the use of such third
party content, software or services and failure to abide by these
terms and conditions may result in termination of Membership.
Furthermore, use of other networks, including areas of the Internet,
may be subject to any usage policies of such networks.
5. Public Communication
AOL offers Members the capability to communicate in Public Areas
generally accessible to other Members or to communicate privately with
another Member. Public Areas are those features that are generally
accessible to other Members, such as, but not limited to, chat rooms,
online forums, and message boards. AOL Inc. will maintain AOL Public
Areas as an open forum for discussion of a wide range of issues and
expression of diverse viewpoints. AOL Inc. will administer standards
of online conduct according to the AOL Rules for the enjoyment of all
its Members. While AOL Inc. will endeavor to monitor the Public Areas
to ensure that online standards are being maintained, AOL Inc. has
neither the practical capability, nor does it intend, to act in the
role of "Big Brother" by screening public communication in advance.
AOL Inc. reserves the right to prohibit conduct, communication, or
Content on AOL which it deems in its discretion to be harmful to any
Member, the communities which comprise AOL, AOL Inc.s and
third-parties rights, or to violate applicable law. Notwithstanding
the foregoing, neither AOL Inc. nor its Information Providers have the
practical ability to restrict conduct, communication or Content which
might violate the AOL Rules prior to transmission on AOL, nor can they
ensure prompt editing or removal of actually or potentially violating
Content after online posting. Accordingly, you acknowledge that
neither AOL Inc. nor any Information Provider shall assume or have any
liability for any action or inaction by AOL Inc. or any ICP with
respect to conduct, communication or Content on AOL.
6. Customer Service Communication
Please refer to Section 2B(iv) for AOL Inc.s policy on monitoring or
disclosing private communication. In order to ensure quality customer
service, AOL Inc. may monitor Member communication with AOL Inc.
customer service employees, including AOL Sales and Service, Tech Live
and Community Action personnel.
7. Privacy Policy
A. General
Because protecting your privacy is very important to America Online,
we have adopted the following policies to safeguard your personal
information and are committed to protecting its confidentiality. We
will limit the collection and use of personal information or
"Individual Information" (as defined below) to what is necessary to
administer our business, provide you with the highest quality service,
and offer you opportunities we think will be of interest. We will NOT
disclose any Individual Information except in limited circumstances as
specifically provided below.
Individual Information means any information, data or records which
relate to your AOL membership or use of AOL and identifies you or your
individual Member account. There are three types of Individual
Information: (1) "Member Identity and Billing Information," such as
your name, street address, telephone number and billing information,
and any screen names associated with your account; (2) "Navigational
and Transactional Information," such as information about where you go
or what you buy through AOL; and (3) "Private Communications Content,"
such as the contents of email, or private chat room or instant message
communications.
Please be aware that AOL is a private online service which allows
access to the Internet, but is not the Internet. AOL Inc. does not
control the content or services available through the Internet (except
for the AOL and GNN homepages), and providers of Internet sites or
services have separate data and privacy practices which are
independent of AOL Inc. Internet areas may appear to be seamlessly
incorporated into AOL; however, currently, you can tell youre on the
Internet whenever there appears a spinning AOL logo, or when you click
on icons labeled as "Newsgroups," "Web," "Link," "FTP," "Gopher" or
other items relating to the "Internet."
Many of the online areas that you visit on AOL are operated by
companies that are independent from AOL Inc. While AOL Inc. will seek
to require these independent companies (e.g. information providers,
advertisers, and merchants) to adhere to our strong privacy
principles, AOL Inc. does not bear responsibility for their policies
or actions. You should be aware that when you voluntarily disclose
personal information (such as your screen name) in public areas (e.g.,
the Member Directory, chat rooms, message boards, Internet
Newsgroups), your information can be collected and used by others.
(When you visit Internet sites, your AOL screen name or other Member
Identity Information is generally not identifiable.) Also, ordering
products through AOL often requires you to provide an independent
company with limited Individual Information to enable them to fulfill
and ship your order.
AOL Inc. actively participates in industry associations and community
groups to support strong and effective privacy guidelines and
practices.
B. Collection and Storage.
(i) Member Identity and Billing Information. We maintain the
following types of Member Identity and Billing Information: your name,
street address, telephone numbers, length of membership, and payment
information. We may also keep information on your communications with
our Customer Service or Community Action departments, and general
account history, such as accumulated usage credits, or written
complaints relating to your account.
(ii) Navigational and Transactional Information. We may collect and
store certain Navigational and Transactional Information, such as data
on the choices you make among the range of available services or
merchandise and the times and ways you use AOL.
(iii) Private Communications Content. The AOL computer system does
not record or retain any chat room communications, instant message
communications, or records of with whom you communicate in chat rooms
or instant messages.
The AOL email system retains the contents of private email
communications for a limited period only. Once read, email is
permanently deleted from the system after about five days. Email that
is sent, but not read, is permanently deleted from the system after
about thirty days. (Consequently, if you wish to keep copies of any
communications, you should store such communications on your personal
computer hard drive or in print form.)
C. Use.
AOL Inc. safeguards its Members Individual Information from
unauthorized access and only authorized employees or agents who need
to carry out legitimate business functions are permitted access to
Members Individual Information. Employees who violate AOL Inc.s
privacy policies are subject to disciplinary actions, including
termination where appropriate.
You acknowledge that private communications directed at a person or
entity, including AOL Inc., may be used or disclosed by the intended
recipient(s) without restrictions relating to privacy or
confidentiality.
(i) Member Identity and Billing. AOL Inc. uses Member Identity and
Billing Information to administer our business, ensure that you are
properly billed and offer you opportunities that may be of interest.
(ii) Navigational and Transactional Information. AOL Inc. uses
Navigational and Transactional Information to personalize AOL and for
programming and editorial research. For example, we use Navigational
and Transactional Information to understand our members reactions to
menu items, content, services and merchandise offered through AOL and
to customize AOL based on the interests of our Members.
(iii) Private Communications Content. AOL Inc. treats private
communications on or through AOL as strictly confidential and does not
access, use or disclose the contents of private communications, except
in limited circumstances as specifically provided in Section 7D below.
D. Disclosure.
Because AOL Inc. considers the Individual Information we maintain to
be confidential, our policy is to not disclose Individual Information
to third parties without prior consent (which may be oral or
electronic), or unless specifically provided below. AOL Inc. reserves
the right to use agents, who are bound by strict confidentiality
guidelines, to perform storage and processing functions.
(i) Member Identity and Billing Information. From time to time, we
make our mailing list available to select companies that offer
products and information we think may be of interest to you. AOL Inc.
carefully screens all requests to use its mailing list to ensure that
they are appropriate. AOL does not release members telephone numbers,
credit card numbers or checking account numbers (or other Individual
Information, such as Navigational or Transactional Information or
Private Communications Content). If you do not want your name
released to these companies, simply indicate this on the Member
Mailing Preferences Form. (To access this form, go to Keyword "Member
Preferences" -- then double-click on the heading "Tell Us What Your
Preferences Are".)
It is our policy not to disclose to third parties Member Identity
information that links a Members screen name(s) with a Members actual
name, unless required to do so by law or legal process served on AOL
Inc. (e.g., subpoena). AOL Inc. reserves the right to make exceptions
to this policy in exceptional circumstances (such as a bomb or suicide
threat, or instances of suspected illegal activity) on a case-by-case
basis and at AOL Inc.s sole discretion.
AOL Inc. intends to abide by applicable laws governing the disclosure
to governmental entities of Members Individual Information and other
records. When responding to legal process served on AOL Inc. by
non-government entities, unless otherwise ordered, AOL Inc.s current
policy is to make reasonable efforts to notify affected Member(s) in
advance of releasing the information in order to provide Member(s) an
opportunity to pursue any available legal protection.
(ii) Navigational and Transactional Information. AOL Inc. will not
disclose to third parties Navigational or Transactional Information
(e.g. where you go or what you buy on or through AOL), except to
comply with applicable law or valid legal process (e.g., search
warrant or court order).
(iii) Private Communications Content. AOL Inc. does not access or
disclose the contents of private communications (e.g., email, instant
messages, member-created private rooms), unless it in good faith
believes that such action is necessary (a) to comply with applicable
law or valid legal process (e.g., search warrant or court order), (b)
to protect the rights or property of AOL Inc., or (c) in emergencies
when AOL Inc. believes that physical safety is at risk. AOL Inc.
reserves the right to treat as public, any private chat room whose
directory or room name is published or becomes generally known or
available.
8. Legal Notices
Under California Civil Code Section 1789.3, California Members are
entitled to the following specific consumer rights information:
1. Pricing Information. Current rates for using AOL may be obtained
by calling 1-800-827-6364. AOL Inc. reserves the right to change
fees, surcharges, monthly Membership fees or to institute new fees at
any time upon thirty (30) days prior notice, as provided for in the
TOS Agreement at Section 1.5.
2. Complaints. The Complaint Assistance Unit of the Division of
Consumer Services of the Department of Consumer Affairs may be
contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or
by telephone at 1-916-445-1254.
(ro2may16)

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